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Lowell solicitors (shop direct, Lowell portfolio)

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  • Lowell solicitors (shop direct, Lowell portfolio)

    Hi everyone,
    I used to have a kandco account (shop direct) which I stopped paying around Jan this year due to a severe dip in income. I tried to negotiate with them but by then I was a few months in arrears and they wanted around 160 a month compared to the 30 I could just about afford( I had never been in arrears before, a good customer) they wouldn't play ball and I stopped paying as things got worse financially after that anyway. I asked for my CCA ( account opened around July 07) and they just sent a current terms and conditions thing and from other letters sent I deduced they didn't have it (not opened online, filled in a form from a magazine). Anyway 6 months later was told it was in default and sold to Lowells portfolio who have chased me since for £6624.79 (letters phone calls, texts) I never answered/spoke to anyone. Was once offered a discount and had a couple of letters threatening further action( September). Around the 10 Dec had two letters in same envelope one from Lowell financial saying I hadn't replied and the other from Lowell solicitors title Notice of Acting, 6 days later Fri 16th Dec had Letter of Claim giving me 14 days to reply or a claim would be issued without further notice however just 3 days later lowells soliciters text me asking me to ring them! Was going to CCA Lowell financial and send letter before action to solicitors but my husband was looking on National Debt helpline (harassment by creditors and debt collectors) and it stated that they have to be registered with the FCA for 'interim permission' which allows them to carry out consumer credit-related activities, lowells solicitors according to their search site has lapsed, does this make any difference to their claim and should I just send the above letters anyway?
    Thank you
    Tags: None

  • #2
    Re: Lowell solicitors (shop direct, Lowell portfolio)

    Lowell Portfolio 1 is FCA registered. As is Lowell Financial.
    Lowell Solicitors is regulated by the solicitors regulation authority (SRA)

    Yes send the CCA request to Lowell ( not the sols).

    nem

    Comment


    • #3
      Re: Lowell solicitors (shop direct, Lowell portfolio)

      Hi thanks for replying, should I send anything to the solicitors like a copy of the CCA request to Lowell financial and should I send a letter before action to the solicitors ?
      Thanks

      Comment


      • #4
        Re: Lowell solicitors (shop direct, Lowell portfolio)

        Originally posted by Ellalass View Post
        Hi thanks for replying, should I send anything to the solicitors like a copy of the CCA request to Lowell financial and should I send a letter before action to the solicitors ?
        Thanks
        Hello Ella,

        No need to send a copy of the CCA request to the solicitors, what you should send is a request made under the provisions of Civil Procedure Rule 31.14 (no fee) this is for inspection of the documents mention in the particulars of claim nothing else can be requested.
        There's a template for this in the green box at the top of the " court claim forum".

        nem


        Use signed for post.

        Comment


        • #5
          Re: Lowell solicitors (shop direct, Lowell portfolio)

          Hi
          I haven't actually had any court papers just the Solicitors Letter of Claim giving me 14 days to reply before issuing a claim without further notice, then there is a box with costs in it, current balance 6624.79, estimated interest 210.54, estimated court fee 410, solicitors cost 100, estimated balance 7345.33. Should I still send the 31.14 now and if so what documents do I ask to examine apart from the CCA ?
          I will be sending the CCA today to Lowell Financial but the only address seems to be Ellington house, savannah way which is also the solicitors address ! Should I put for the attn of Andrew Bartle on it who signed the letter for L financial.
          Thank you in advance
          Ella

          Comment


          • #6
            Re: Lowell solicitors (shop direct, Lowell portfolio)

            Originally posted by Ellalass View Post
            Hi
            I haven't actually had any court papers just the Solicitors Letter of Claim giving me 14 days to reply before issuing a claim without further notice, then there is a box with costs in it, current balance 6624.79, estimated interest 210.54, estimated court fee 410, solicitors cost 100, estimated balance 7345.33. Should I still send the 31.14 now and if so what documents do I ask to examine apart from the CCA ?
            I will be sending the CCA today to Lowell Financial but the only address seems to be Ellington house, savannah way which is also the solicitors address ! Should I put for the attn of Andrew Bartle on it who signed the letter for L financial.
            Thank you in advance
            Ella
            Yes certainly send the requests now if there the threat of court action you are entitled to see what they are banking on.

            nem

            Comment


            • #7
              Re: Lowell solicitors (shop direct, Lowell portfolio)

              Originally posted by Ellalass View Post
              I haven't actually had any court papers just the Solicitors Letter of Claim giving me 14 days to reply before issuing a claim without further notice, then there is a box with costs in it, current balance 6624.79, estimated interest 210.54, estimated court fee 410, solicitors cost 100, estimated balance 7345.33. Should I still send the 31.14 now and if so what documents do I ask to examine apart from the CCA ?
              I will be sending the CCA today to Lowell Financial
              You have not yet been issued with a county court claim.

              Send a CCA Request to Lowell Financial - don't put any personal name on it.

              This may prevent a claim being issued (if you send a copy of it to Lowell Solicitors) but I suspect not since the LBA was sent over a week ago. However it will protect your position once/if a claim is issued.

              You do not send the CPR 31.14 Request to Lowell Solicitors at this moment in time because a claim has not been issued. The CPR Request letter is for you to ask to see the documents mentioned in the Particulars of Claim, but since you haven't got a claim there are no particulars for you to see

              I would also send a Subject Access Request to the original creditor (Shop Direct?) so you'll get the full history of the account which helps when you're faced with any reconstituted documents so you can assess whether they are honest and accurate.

              This means you'll be fully prepared to deal with any claim which drops on your mat.

              Di
              Last edited by Diana M; 21st December 2016, 19:57:PM. Reason: typo 31 not 21

              Comment


              • #8
                Re: Lowell solicitors (shop direct, Lowell portfolio)

                Originally posted by Ellalass View Post
                Hi
                I haven't actually had any court papers just the Solicitors Letter of Claim giving me 14 days to reply before issuing a claim without further notice, then there is a box with costs in it, current balance 6624.79, estimated interest 210.54, estimated court fee 410, solicitors cost 100, estimated balance 7345.33. Should I still send the 31.14 now and if so what documents do I ask to examine apart from the CCA ?
                I will be sending the CCA today to Lowell Financial but the only address seems to be Ellington house, savannah way which is also the solicitors address ! Should I put for the attn of Andrew Bartle on it who signed the letter for L financial.
                Thank you in advance
                Ella

                Hello Ella

                I've found it's very useful to use a " name " where possible when communicating with the likes of Lowell and there is no reason not so to do as there is more chance of the letter being signed for.

                Ellington House is Lowell's head office. Lowell Solicitors also have a PO Box address in Northampton which appears to just a mailing address.
                Everything seems to finally get back to Ellington House in the end.

                nem

                Comment


                • #9
                  Re: Lowell solicitors (shop direct, Lowell portfolio)

                  Hi thanks for replying, I was so confused with who is who concerning lowells I sent a cca to both Lowell finance and Lowell portfolio 1 at the same address, I was going to put one to Mr Bartle but forgot and didn't put a name on the Lowell finance one. At least they can't say they didn't get it as I've sent two lol

                  Comment


                  • #10
                    Re: Lowell solicitors (shop direct, Lowell portfolio)

                    Also i sent the cca's to Ellington house and will send a SAR tomorrow. I did ask shop direct for my CCA when I was trying to negotiate with them and they never gave it to me just current t/c which they claimed would suffice and a couple of letters that made me realise they Didn't seem to be able to find it.

                    Comment


                    • #11
                      Re: Lowell solicitors (shop direct, Lowell portfolio)

                      Hi
                      I haven't sent my SAR yet to shop direct as I am unwell but I have been reading around and just want to clarify a couple of things, do I make my postal order out to shop direct and do I need to send ID or proof of address. I read somewhere that they need 6 years of addresses ! Also do I sign the letter or can I just print my name as I'm always afraid they might 'use' my signature.
                      Ella

                      Comment


                      • #12
                        Re: Lowell solicitors (shop direct, Lowell portfolio)

                        shop direct as they have SAR, No I.D . could give them old addresses but the last one they contacted you if it is the same now seem fine sign it as it is personal info requested . mith signature lifting by O.Cs

                        Comment


                        • #13
                          Re: Lowell solicitors (shop direct, Lowell portfolio)

                          Originally posted by Ellalass View Post
                          Hi
                          I haven't sent my SAR yet to shop direct as I am unwell but I have been reading around and just want to clarify a couple of things, do I make my postal order out to shop direct and do I need to send ID or proof of address. I read somewhere that they need 6 years of addresses ! Also do I sign the letter or can I just print my name as I'm always afraid they might 'use' my signature.
                          Ella
                          Hello Ella,
                          Yes PO to shop direct.

                          A copy of a utility bill would be fine for ID the address where you were when the account (s) were opened and any others.

                          This is a request made under the Data Protection Act 1998 and it must be signed with your usual signature, signature lifting is an urban myth.

                          Hope you feel better soon.

                          nem

                          Comment


                          • #14
                            Re: Lowell solicitors (shop direct, Lowell portfolio)

                            Thanks for that. I have moved around 6 times at least since it was opened 😳
                            Ella

                            Comment


                            • #15
                              Re: Lowell solicitors (shop direct, Lowell portfolio)

                              Had a letter from Lowells Solicitors a couple of days ago saying they have received my CCA request and are contacting Shop Direct for copy of agreement ( pretty sure there isn't one as shop direct never came up with it before when I CCA'd them back in March/April) and statements. Account on hold till then.
                              Funnily enough just as I'm writing this I think they tried ringing me, I never answer these calls.
                              Ella

                              Comment

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